Torts wrongfully cause injury or harm to another person. As mentioned before, these injuries can either result from negligence or intent. The chief purpose behind tort law is to protect individuals that have suffered serious injuries as a result of another person or entity’s negligence or intent. It protects victims of personal injury by providing relief for pain, suffering, and exemplary damages incurred; as well as, to thwart others from committing the same negligence acts.
When a tort or accident is negligent rather than deliberate, it is neither intended nor expected. This is the principle difference between negligent and intentional torts. There are several types of negligent torts. The most common include drunk driving or motor vehicle accidents, slip and fall accidents, child injuries, dog bites, pedestrian accidents, and more. Although these accidents happen without deliberate intent, the person responsible for causing injury to another is the party that is held accountable in a court of law. This brings us to Strict Liability Law.
Strict liability happens when a tort occurs, even though a person or company took all necessary precautions to prevent it, or never intended for it to happen in the first place. One example to better understand strict liability is product defect lawsuits. A children’s toy may cause a toddler to choke, even though the manufacturer took all necessary precautions to avoid such an accident from occurring. Another example would be statutory rape, minor liabilities, and abnormally dangerous activities (i.e. watercraft sports, rock climbing, snowboarding, etc.). Although all of these accidents occur unintentionally, they are still perceived as negligence in the eyes of the court. Tort law allows victims of such accidents to recover compensation for damages resulting from their injuries.
Unlike negligent torts, intentional torts can lead to imprisonment and jail time. This is because an intentional tort was deliberate, planned, and calculated. Examples of intentional tort includes assault, battery, rape, defamation, trespassing, false imprisonment, bullying, and more. If a person causes a tort by choice with the understanding of what will happen to a victim, they can be held accountable for compensation and persecution by the court of law.